Additional Important Updates on the FTC’s Non-Compete Ban August.21.2024 The Rule is Blocked Nationwide: On August 20, 2024, the U.S. District Court for the Northern District of Texas in Ryan, LLC v. FTC, granted...more
The Rule is Blocked Nationwide: On August 20, 2024, the U.S. District Court for the Northern District of Texas in Ryan, LLC v. FTC, granted Plaintiff-Intervenors’ motion for summary judgment, holding that the FTC’s...more
Decision in ATS Tree Services: On July 23, 2024, the U.S. District Court for the Eastern District of Pennsylvania in ATS Tree Services v. FTC denied the plaintiff’s motion for a preliminary injunction seeking a nationwide...more
Additional Important Updates on the FTC’s Non-Compete Ban Decision in Ryan LLC: On July 3, the U.S. District Court for the Eastern District of Texas in Ryan, LLC v. FTC, issued a preliminary injunction staying the effective...more
Within weeks of the Supreme Court’s decision striking down affirmative action in college admissions last year, Republican attorneys general for 13 states sent a letter to Fortune 100 CEOs condemning their DEI initiatives in...more
In a novel and sweeping act of substantive rulemaking, the U.S. Federal Trade Commission (FTC) determined that non-compete agreements between employers and workers constitute an “unfair method of competition” prohibited under...more
The U. S. Supreme Court has clarified that a plaintiff must show harm in addition to improper discriminatory intent when bringing a change-of-terms-or-conditions-of-employment claim under Title VII’s anti-discrimination...more
Legislators in New York have passed a bill that would prohibit non-compete agreements. Governor Kathy Hochul has expressed support for “banning agreements that limit workers’ ability to move and work freely,” but it is...more
1.1 The Basics
The formation of the employment contract is generally subject to the same requirements as any other contract. There must be an offer and an acceptance (either oral or in writing), an intention to enter into...more
The New York State Department of Labor (“NYS DOL”) has launched a new webpage dedicated to alerting workers regarding COVID-19 related employment protections and allowing them to submit a complaint online by simply clicking...more
1. Treating Voluntary Uniformed Service Differently than Involuntary Service -
The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits employers of all types and sizes from discriminating against...more
For nearly five years, major U.S. corporations have been subject to intense scrutiny over their decisions on whether to release internal pay gap percentages in response to shareholder proposals by Arjuna Capital, LLC and...more
7/29/2019
/ Compensation & Benefits ,
Disclosure Requirements ,
Employer Liability Issues ,
Equal Pay ,
Executive Compensation ,
Gender-Based Pay Discrimination ,
No-Action Letters ,
Pay Equity Laws ,
Pay Gap ,
Securities and Exchange Commission (SEC) ,
Shareholder Activism ,
Wage and Hour
The world of professional sports has long grappled with criticism of the stark pay differences between male and female athletes – think Billie Jean King’s “equal pay for equal play” push. ...more
4/2/2019
/ Athletes ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Pay Discrimination ,
Pay Equity Laws ,
Pay Gap ,
Sports ,
Wage and Hour
The California Pay Equity Task Force recently published guidance and approved resources for employer compliance with the state’s equal-pay laws. ...more
9/24/2018
/ Compensation & Benefits ,
Employer Liability Issues ,
Equal Pay ,
Fair Pay Act ,
Gender Equity ,
Gender-Based Pay Discrimination ,
New Guidance ,
Pay Equity Laws ,
Pay Gap ,
Sex Discrimination ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
A federal court in Connecticut recently granted summary judgment to a prospective employee on an employment discrimination claim brought under Connecticut’s Palliative Use of Marijuana Act (PUMA)....more
Every Chinese investor not only needs to be aware of cultural differences when considering investing in Germany, but also has to have a basic understanding of legal issues.
German employment law provides for a good level...more
1. Mandatory reporting under the methodology required by the government indicates some large pay gaps. What does that mean?
As of 17 April 2018, 10,364 employers had published their gender pay gap figures. What have we...more
Last year, we covered a Ninth Circuit panel decision which concluded that an employer may rely on prior salary information as an affirmative defense to claims under the federal Equal Pay Act (“EPA”) if “it show[s] that the...more
Since Anita Hill’s testimony in the early 1990s, sexual harassment has become a familiar term. At the federal level, Title VII prohibits harassment, discrimination, and retaliation on the basis of sex and gender, among other...more
In the last several weeks, allegations of rampant sexual harassment have shocked the collective conscience. With the assistance of social media, what started as an allegation against a Hollywood mogul snowballed into a...more
In a trend that is gaining steam across the country, multiple cities and states have, or are considering adopting, laws that impose conditions and penalties on employer scheduling practices, otherwise known as “scheduling...more
As schools across the country prepare for summer break, the Ninth Circuit overturned a lower court decision against the Fresno County public school district which had found that its pay practices were unlawful. Notably, the...more
With some exceptions, the ADEA applies to the U.S.-incorporated subsidiaries of foreign corporations. It remains unsettled whether employees can sue foreign parent companies of U.S. subsidiaries for age discrimination under...more
In February this year, draft gender pay gap reporting regulations were published and we were all invited to comment. There then followed an extended period of being 'on hold' listening to elevator music, while we waited for...more
On June 16, 2014, the SEC issued its first-ever charge of whistleblower retaliation under section 922 of the Dodd-Frank Act, charging a hedge fund advisor and its owner with “engaging in prohibited principal transactions and...more